Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Husband's job

On June 15 my husband had a heat stroke while at work. He went back 2 days later and a couple weeks later his asthma started acting up from the heat stroke. He went to the doctor and got his inhaler refilled etc. She told him not to work for a few days so he didnt. When he went back to work he got a release note saying he could return to work. Today his boss told him that he had to have ANOTHER work release note saying that he was okay to do any work that was asked of him and that he would not ever have problems with his asthma again or he will be laid off. Is it legal for them to lay someone off because of a work related accident? Their foreman wasnt keeping enough water for all of the guys on the trucks so they got dehydrated and my husband was the only one to be affected. I'm pissed that they are telling him he has to have a new job by next Thursday if the dr isnt going to okay him for everything.

Answer Question
 
agrafel

Asked by agrafel at 4:38 PM on Jul. 22, 2009 in Just for Fun

Level 6 (117 Credits)
Answers (6)
  • he can report the foreman to osha for not supplying the water like they are supposed to, also i'd file any kind of medical treatment related to the heat stroke with workman's comp
    Anonymous

    Answer by Anonymous at 4:39 PM on Jul. 22, 2009

  • check your legal options, they can't legally work him if the job is dangerous to his health. get proper documentation from the doctor and you guys should be fine.
    staciandababy

    Answer by staciandababy at 4:40 PM on Jul. 22, 2009

  • Report to OSHA. My DH will probably be doing that as his work wont fix the swamp coolers so the workers can actually not be working in 140 or so degree heat all day.

    After that, see what legal eagles have to say is the best "next step". If you are in an "at will" state then he can be let go for no real reason. Otherwise, you may have recourse.
    Amaranth361

    Answer by Amaranth361 at 4:50 PM on Jul. 22, 2009

  • When he had the heat stroke they filed it with workmans comp but the dr in the emergency room put that his asthma led to the heat stroke so workmans comp wouldnt pay it because his asthma is a pre-existing condition. He had to miss a total of 5 days because of his heat stroke and now he is having to miss Friday so he can come home and go back to the doctor to get another release note. And we arent going to see any money for the time he had to miss. GRRRRRR!!!!
    agrafel

    Answer by agrafel at 5:08 PM on Jul. 22, 2009

  • I don't think you should have jumped on the workers comp claim, that's probably why the foreman is acting the way he is. As far as the legal aspect, no, they can't lay him off for having asthma. If he was given a release to go back to work then that should be sufficient enough for his employer. If, for some reason, he does lose his job over this, you can and should take action. Check your options with your Dept of Labor and Standards Commission as well as the Federal Dept of Fair Housing and Employment. It sounds as if you should look into these entities NOW instead of waiting until something bad does happen. Good luck.
    goldilocks70

    Answer by goldilocks70 at 5:28 PM on Jul. 22, 2009

  • We arent the ones that filed the workers comp claim. The insurance company and the boss filed it right away. I think his boss is just trying to find a reason to get rid of him. He told him shortly after all of this started that they had another lineman hired for when he leaves.
    agrafel

    Answer by agrafel at 5:45 PM on Jul. 22, 2009

Join CafeMom now to contribute your answer and become part of our community. It's free and takes just a minute.
close Cafemom Join now to connect to other members! Connect with Facebook or Sign Up Using Email

Already Joined? LOG IN